State v. French
Missouri Court of Appeals
Appeal from McDonald Circuit Court. — Hon. Henry C. Pepper, Judge. (1) In order to bind a person and his property by a judgment, it must appear that he was a party to the suit or proceeding, legally brought into court and given a hearing. Newton v. Newton, 32 Mo. App. 162; Duggs v. Sfcumpe, 73 Mo. 513. “A prosecuting witness is no party to the prosecution; the State and the defendant are the only parties to the record.”
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Appeal from McDonald Circuit Court. — Hon. Henry C. Pepper, Judge. (1) In order to bind a person and his property by a judgment, it must appear that he was a party to the suit or proceeding, legally brought into court and given a hearing. Newton v. Newton, 32 Mo. App. 162; Duggs v. Sfcumpe, 73 Mo. 513. “A prosecuting witness is no party to the prosecution; the State and the defendant are the only parties to the record.” State v. Foyce, 53 Mo. 338. (2) A judgment sufficient to authorize a re-rival of a lien must be such a judgment as would authorize the clerk to issue an execution thereon; it…
1Opinion of the Court
BLAND, P. J. —
This is an appeal from a judgment of the McDonald Circuit Court, reviving a so-called judgment of said court in favor of the State and against Oscar McNatt, entered on August 10, 1900, for the sum of $123.75, the costs accrued and taxed in the case of the State of Missouri against Charles French, John McDonald and James Peters. The judgment sought to be revived was rendered against McNatt, as the prosecuting witness in a proceeding instituted before a justice of the *17peace, wherein McNatt, by his affidavit, charged said French, McDonald and Peters with burglary for breaking into…
2Cases cited6 opinions
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- State ex rel. Dobbins v. SutterfieldSupreme Court of Missouri · 1873
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. KleinSupreme Court of Missouri · 1897
- Grey v. CederholmIdaho Supreme Court · 1884
- Strickler v. TracySupreme Court of Missouri · 1877
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3Cited by4 opinions
- Williams v. WilliamsMissouri Court of Appeals · 1972
- Cochran v. DeShazoMissouri Court of Appeals · 1976
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Herndon v. FordMissouri Court of Appeals · 1971